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Home My WebLink AboutOB 2 CITIZEN COMPLAINT 09-05-89TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION CITIZEN COMPLAINT - ALLEY SOUTHERLY OF LINDA. LANE AND EASTERLY OF YORBA STREET AND REMOVAL OF STREET SWEEPING SIGNS ON WESTERLY SIDE OF YORBA STREET RECOMMENDATION: Receive and file. remain in effect. No action will allow "no parking" restrictions to BACKGROUND: At ~he August 21, 1989 city council meeting, a concern was raised by Mr. Ralph Westrum, 13651 Rosalind Drive, regarding the status of the alley lying southerly of Linda Lane and westerly of Yorba Street. This alley is delineated on the attached portion of a copy of Tract Map No. 4014 marked as attachment A. Also attached and marked as attachments B, C, D and E are copies of deeds for Lots 27, 31, 32 and 36, respectively. Mr. Westrum's concern involved the prohibition of parking within the alley and whether the alley was either a public or private facility. DISCUSSION: A review of the original Tract Map No. 4014 (reference Attachment A) shows the alley to be a separate facility and not a part of any of the twelve lots adjoining the alley. Attachments B, C,D and E are copies of deeds to four lots Nos. 27, 31, 32 and 36. These deeds do not reflect any ownership of any part of the alley. Staff reviewed only four deeds out of a total of twelve lots abutting the alley but considers them as being representative of all affected lots with respect to ownership of the alley. If the alley was under private ownership,there would be some type of an easement document granting access across each of the private prOperties to the owners of all lots located southerly of Lots 31 and 32. Staff was unable to locate any such easement document and attachments B, C, D and E contain no language to that effect. As a result of the above-mentioned review, it is staff.~'s opinion that the subject alley is a public alley. Section 5332F of the Tustin City Code provides for the following: No person shall stop, stand or park a vehicle for any purpose other than loading or unloading of persons, materials in any public or dedicated alley and any private alley as stipulated by special ordinance. CITIZEN COMPLAINT - ALLEY SOUTHERLY OF LINDA LANE, EASTERLY OF YORBA AND REMOVAL OF STREET SWEEPING SIGNS, W'LY SIDE OF YORBA AUGUST 29, 1989 PAGE 2 Unless this code is modified by the city council, the existing "No Parking Anytime" signs within the alley should remain in place and unbagged to prohibit parking on both sides of the alley. As previously discussed, the alley in question is twenty (20) feet in width. If parking were to be allowed on both sides of the alley and vehicles were parked opposite each other, the alley could be blocked for through access. The Orange County Fire Department indicated that alleys should have a clear minimum width of twenty (20) feet, an all-weather surface, and a clear vertical clearance of 13'6" per Section 10209 of the Uniform Fire Code. As a result of this requirement, it is recommended that the "no parking" restrictions on both sides of the alley remain in effect within the subject public alley. The subject of abandonment of the alley surfaced at the last city council meeting and is a possible solution with concurrence of all of the residents. If the alley were to be abandoned, the following are some areas that should be resolved prior to commencement of the abandonment proceedings: 1. Concurrence from the twelve (12) affected property owners that they desire said abandonment. 2. Willingness from all the affected property owners to grant reciprocal access easements to each of the affected property owners. 3. Review and comment from the Orange County Fire Department and other agencies providing emergency services that such an abandon- ment would not impede their ability to provide services to the affected properties. Once it has been determined that the alley abandonment would be formally initiated, the following procedures are required: Week one - City council adopts a resolution of intention to abandon/ vacate the alley and sets time and place for a public hearing. Week five - City council holds public hearing~ receives testimony on proposed abandonment and takes an action based upon testimony received. CITIZEN COMPLAINT -'ALLEY SOUTHERLY OF LINDA LANE, E'LY OF YORBA STREET AND REMOVAL OF STREET SWEEPING SIGNS, W'LY SIDE OF YORBA AUGUST 29, 1989 PAGE 3 Attached for the city council's information is a copy of a letter sent to Mr. Westrum regarding the removal of "No Parking During Street Sweeping Hours" signs on the westerly side of Yorba Street. As you will note, the petition presented by Mr. Westrum at the August 21, 1989 meeting contained a handwritten addition for the west side of Yorba but no signatures of property owners adjacent to the west side either for or against said sign removal. Director of Public Works/City Engineer -~ BL: mv TO: THE TUSTIN CITY COUNCIl ~SULA KENNEDY, CHAIR, ET AL _~SUBJECT: TUSTIN RESIDENTS REQUEST FOR COUNCIL ACTION PETITION WE, THE UNDERSIGNED RESIDENTS OF THE FOLLOWING STREETS DO SEPARATELY AND JOINTLY PETITION THE TUSTIN CITY COUNCIL TO TAKE ACTION TO HAVE REMOVED, FORTHWITH, THE PARKING RESTRICTION SIGNS WHICH PROHIBIT PARKING FROM 6:00 a,m. UNTIL NOON ON WEDNESDAYS FOR THE ALLEGED PUR- ~(5) POSE OF STREET CLEANING, ON T~E FgLLOW~4~G. mST~E~TSi-~. ~/- ,~ ~ · .~- /~- ~ .... . _,.~.-- , . . ~,'>/~ ~ . (6) (5) o) DRIVE AND LORETTA DRIVE ( L./. RESIDENCES): (5) ?.rs'--f,?. IL,' (6) IN THOSE INSTANCES WHERE THE RESIDENCE IS LOCATED ON A CORNER AND THEREBY HAS A FRONTAL STREET AND SIDE STREET, THE RESIDENT HAS BEEN ASKED TO SIGN FOR BOTH STREETS. I certify that the above signatures were obtained from the resident at the stated address from the owner of the property or person having effective control of the property. RALPH J. WESTRUM: 3651 Rosalind Drive, Tustin ' i ( Date ) TO: THE TUSTIN CITY COUNCIL, URSULA KENNEDY CHAIR, ET AL SUBJECT: TUSTIN RESIDEN~ ~QUEST FOR COUNCIL ACTION PETITION WE, THE UNDERSIGNED RESIDENTS, WHOSE PROPERTY FRONTS ON YORBA STREET, ON THE EASTERLY SIDE, BETWEEN BONNER STREET AND LINDA LANE AND WIIOSE PROPERTY FRONTS ON ROSALIND DRIVE, ON THE WESTERLY SIDE, BETWEEN LINDA LANE AND LAURIE LANE DO HEREBY PETITION THE CITY OF TUSTIN TO SEEK RELIEF IN THE FOLLOWING MATTER. WE REQUEST THAT CITY OFFICIALS ACT IMMED- IATELY TO REMOVE THE PARKING RESTRICTION SIGNS THAT ARE LOCATED IN THE EASEMENT BETWEEN THE ABOVE DESCRIBED STREETS. IT IS OUR CONTENTION THAT THE EASEMENT IS A PRIVATE DRIVE, AND PROVIDES THE ONLY ACCESS TO THE GARAGES OF MOST OF THE RESIDENTS LIVING ON THE AFORE- MENTIONED STREETS. WE CONTEND THAT THE CITY OF TUSTIN ACTED SOME UNDETERMINED YEARS AGO, TO POST "NO PARKING AT ANY TIME" SIGNS IN THE EASEMENT. IN A STAFF REPORT SIGNED BY MR. BOB LEDENDECKER, DIRECTOR OF PUBLIC .WORKS, CITY OF TUSTIN, ON AUGUST 9, 1989, ALLEGES THAT A' STUDY CONDUCTED BY HIS OFFICE INDICATES THAT: (1) THEY }{AVE NO KNOWLEDGE OF JUST WHEN THE SIGNS WERE INITIALLY INSTALLED: (2) THEY DO NOT KNOW THE REASON/CAUSE O~ WHY THE SIGNS WERE INSTALLED: (3) THERE IS NO RECORD OF WHO BAGGED THE SIGNS, OR .WHAT DATE: (4) THERE IS NO INDICATION AS TO WHO UNBAGGED THE SIGNS, OR WHY. THE ONLY INFORMATION THEY HAVE ~N ~THIS REGARD IS WHEN AND WHY THE SIGNS WERE RE-BAGGED AND THAT IS THAT THEY WERE RE- BAGGED AFTER A COMPLAINT HAD BEEN PRESENTED TO THE CITY COUNCIL IN AUGUST 1988. SINCE THE ACTION TO INSTALL WAS DONE WITHOUT CONSULTATION WITH THE PROPERTY OWNERS AND WITHOUT NOTICE BY THE CITY AND SINCE TIlE CITY CAN STILL GIVE NO VALID REASON WHY THE SIGNS ARE STILL THERE, WE FEEL THAT THE ONLY APPROPRIATE ACTION IS FOR THE CITY TO REMOVE THEM. WE FURTHER REQUEST THAT IF ACTION IS TAKEN BY THE CITY WHICH EFFECTIVELY DENIES UTILIZATION OF PRIVATELY OWNED PROPERTY TO THE OWNER, THEY FIRST ESTABLISH CITY DOMAIN OVER THE PROP- ERTY. WE CONDEMN THE CAPRICIOUS ACTS ON THE PART OF CITY OFFICIALS WHO ACT TO THE DETRI- MENT OF CITY RESIDENTS AND ENJOIN THE CITY COUNCIL TO TAKE ACTION TO ASSURE THAT THERE IS NO REPETITION OF SUCH ACTS: NAME ADDRESS DATE I CERTIFY THAT I O~F~NE~ TH~BOV.E. ~S_IGNA~'URES FROM THE INDIVIDUALS AT THEIR RESIDENCE. August 30, 1989 Department of Public' Works/Engineering Mr. Ralph Westrum 13651 Rosalind Drive TuStin, CK 92680 Re: Signal Removal Westerly Side of Yorba Street Dear Mr. WestrUm: As a follow-up to our recent.-telephone conversation regarding the parking restriction sign removal on the Westerly side of Yorba Street, the signs have not been removed for the .following reasons: 1. The initial request for sign installation came as a separate request from three homeowners on the westerly side of Yorba Street, at 17471 Bonner Drive, 13711 Yorba Street and 17471 Laurie Lane, and this action was handled independeatly of the signing on the easterly side of the street. 2. The petition submitted dated August 21, 1989,. did not contain any signatures either for or a~ainst the s~gn ~m0val, even though the petition request included the west side of Yorba Street by a handwritten addition. It is requested that the three above-mentioned residents be contacted so that they may express their desires. If two of the three desire the sign removal on the westerly side of the street, the city will remove them per current policy. Please advise if you have any questions regarding this matter. Very truly yours, Director of Public Works/City Engineer BL:mv' cc: City Council Members 'City Manages .... 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 TO: THE TUSTIN CITY COUN URSULA KENNEDY, ET AL RE:CITIZEN PETITION TO CITY COUNCIL AUGUST 21, 1989 Attached are two petitions from the residents (owners) of properties located on YORBA STREET, LINDA LANE, ROSALIND DRIVE, AND LAURIE LANE, in the City of Tustin. The first petition pertains to the "No Parking on Wednesday for Street Sweeping" signs on the above listed streets. The second petition is from home owners who have a direct interest in the easement (driveway), between Yorba Street and Rosalind Drive, South of Linda Lane, and pertains to the "No Parking at Any Time" signs located in this private easement. We enjoin the Council to have all restrictive Parking signs located as described above, including the signs located on the Westerly side of Yorba Street, to be be immediately removed. We specifically request the REMOVAL of the signs and not the so-called "BAGGING" of the signs. We further request that.the Council instruct the Tustin Police Department to cease enforcement of the signs while the process of removal takes place. For clarity, a recapitulation of the petitions is as follows: A. Removal of street signs. YORBA STREET-EAST AND WEST SIDES (6 HOMES) (1) 13652 YORBA STREET - DOWNING X (2) 13672 YORBA STREET - DELANEY X (3) 13682 YORBA STREET - STONE X (4) 13692 YORBA STREET - FLYNN . X (5) 13702 YORBA STREET - HANSEN X (6) 13712 YORBA STREET - ROBERTS X Sub-total 6 LINDA LANE (4 HOMES) (1) 17501 LINDA LANE - KELLY (2) 17521 LINDA LANE - ALLEN X (3) 17541 LINDA LANE - SMITH X (4) 17551 LINDA LANE - DAVIS Sub-Total 2 YES NO ABSTAIN.. ROSALIND' DRIVE (10 HOMES) (1) 13651 ROSALIND DRIVE - WESTRUM X (2) 13671 ROSALIND DRIVE - STONE X (3) 13681 ROSALIND DRIVE - CHACONAS X (4) 13691 ROSALIND DRIVE - FLETCHER X (5) 13701 ROSALIND DRIVE - JONES (6) 13642 ROSALIND DRIVE - TREBOTICH (7) 13662 ROSALIND DRIVE - SUCHY X (8) 13672 ROSALIND DRIVE - VILLARREAL X (9) 13682 ROSALIND DRIVE - SHAW X (10) 13692 ROSALIND DRIVE _ HEILSON X Sub-Total 9 LAURIE LANE (4 HOMES) (1) 17552 LAURIE LANE (2) 17562 LAURIE LANE (3) 17582 LAURIE LANE (4) 13691 LORETTA LANE - TREICHLER ' X - SHAGENA (DOESN'T WISH TO BE COUNTED EITHER PRO OR CON) ] - HERNANDEZ X - HAUNER (Side Garage on Laurie Ln) X _____ Sub-Total 3 ~ -_~] TOTAL HOMES (24 HOMES) PERCENTAGES Ralph J. Westrum, 13651 Rosalind Drive 83.3% 3 12.5% CITIZEN PETITION TO CITY COUNCIL (CONT'D) B. Removal of Easement (Alley) Siqns (11 HOMES) (1) 13652 YORBA STREET (2) 13672 YORBA STREET (3) 13682 YORBA STREET (4) 13692 YORBA STREET (5) 13702 YORBA STREET (6) 13712 YORBA STREET (7) 13651 ROSALIND DRIVE (8) 13671 ROSALIND DRIVE (9) 13681 ROSALIND DRIVE (10) 13691 ROSALIND DRIVE (11) 13701. ROSALIND DRIVE - DOWNING - DELANEY - STONE - FLYNN - HANSEN - ROBERTS - WESTRUM - STONE - CHACONAS - FLETCHER - JONES TOTAL PERCENTAGE FOR REMOVAL OF SIGNS YES X X X X X X X X X X 91.0% NO 9.0% RESPECTFULLY SUBMITTED THIS 21st DAY OF AUGUST 1989: Iq[COIICIING R[QUr'T["O ·Y T'flJ.' (h,h, %- 6Z-.077~66 GRANT DEED · j ,,,li,ll~ll~.~l ,., ' I~lJ ili.l' II'~ Il.' ~.,hll ,,J J.'ll~ ,,, ~l~lllllll#~lp"~ Ii'lll,lllllllJ ill-ii'ill ~l II~ JlJll' ,il ~.ll' 'lt.~' J41.J. Ii'lll'llll'ltl~ ~.l i .lilt I~ ~- ~ll~J Iii I "'"'"'1"''d'~l'~''~ J ] , iI~ ,,I '... 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